Current through 2023-2024 Legislative Session Chapter 353
Section 35-3-160 - DNA analysis in felony convictions and certain felony charges; performance of tests(a) As used in this article, the term:(1) "Department" means the Department of Corrections.(2) "Detention facility" means a penal institution under the jurisdiction of the department, including penal institutions operated by a private company on behalf of the department, inmate work camps, inmate boot camps, probation detention centers, parole revocation centers, and county correctional facilities.(3) "Division" means the Division of Forensic Sciences of the Georgia Bureau of Investigation.(b)(1) A sample of deoxyribonucleic acid (DNA) shall be collected by oral swab or other noninvasive procedure from any individual:(A) Who has been convicted of a felony and is currently incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the State Board of Pardons and Paroles for such felony; or(B) Who has been charged with a felony, and sentence for such offense has been imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2.(2) Unless a DNA sample has already been collected by the department or another agency or entity, each DNA sample required by paragraph (1) of this subsection shall be collected by the detention facility which is detaining or the entity which is supervising such individual, and the sample shall be forwarded to the division.(3) Paragraph (1) of this subsection shall not apply to any individual for a conviction for a misdemeanor, to any individual who is charged with a misdemeanor and the sentence for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 42 regarding first offenders, or because he or she has been charged with a misdemeanor.(c) DNA analysis shall be performed by the division. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identifying characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank in accordance with Code Sections 35-3-162 and 35-3-163 and shall be made available only as provided in Code Section 35-3-163.Amended by 2019 Ga. Laws 70,§ 1, eff. 4/28/2019.Added by 2011 Ga. Laws 67,§; 3-1, eff. 1/1/2013.